MAX JEFFRIES, AMINOR, BY AND THROUGH HIS PARENTS, SEAN AND LEIGH JEFFRIES, V. POLK CITY POLICE DEPARTMENT UCU Aes eee ASST UTE aS Ea TUS a nie SS) Once Pecunia Etat te an WB Bert Nias ae ier de "Pisa aPC SLT vaimmtarrese @empiremocktriaLorg J. Matacrese 1 Executive Director EMPIRE MOCK TRIAL (s) 917-426-3682 EDUCATE. CONNECT. EMPOWER, Atlanta. New York. Sau Francisco. wow EmpiteMockTrial. org June 18, 2015 Dear Coaches & Students: On behalf of Empire Mock Trial, welcome to Empire 2015! For those teams who have participated in our programs in the past, welcome back. For those teams who will be participating in your first Empire, welcome to our family. We hope that your experience will be both valuable and enjoyable. This is an exciting time for the Empire family! You are part of the largest and most extraordinary class of students in Empire history. You come from 90 high schools. You hail from seven countries and 24 states. You boast three reigning national champions (Australia, Korea, Hong Kong) and nine state champions. With countless former national and state champions, every trial at Empire will be enriching and memorable. I'm excited to Introduce you to this year’s case: Jeffries v. the Polk City Police Department. This year’s fact pattem is challenging. Not just because it was originally designed for college-level ‘competitors, but also because of the complex issues that it addresses. The relationship between the police and the commurities of color that they are supposed to protect has been the topic of many US. headlines and has spurred violent altercations across the country. With Michael Brown, Freddie Gray, and so many other young men losing their life to a police bullet, the human costs all too real. Some argue that this bullet is a necessary evil of safe communities. Others contend that the actual cause of these deaths was not the bullet but long- standing historical inequalities that have shaped the way police interact with marginalized communities. Regardless of the roots, these deaths put a young face to an issue that must be solved. This is not an issue that can—or should—be addressed by any single community. Just as students wil argue this case for both the plaintiff and defense side, this topic has many angles from which it can be analyzed. And Empire does not contend to have the answer. We do, however, hope that by choosing this case we, along with each school’s educators, can help facilitate an open and supportive dialogue that both raises awareness and may, one day, lead to a lasting solution. Because you are the future, and you have the power to shape the next generation. Ladies and gentlemen, congratulations on your acceptance! We wish you the best of luck as you ‘work your way through the case, and we can’t wait to see youin New York, Atlanta, and San Francisco! Justin Matarrese Executive DirectorGONEOWIALS asain sca \ A Joinyour Errpire Gass of 206 Fecebodk pagetostat neatwarkingwithyour fdlowperticipents franaroundthewaid a ALANA 0 NEMWOXK 0 SNRNISO oO FGECKCMEVARELANFOOG «= PXERUKCOMEMPRENSWROOG FACEBOK FdlowEnpirem Witter and Instagramfor thelatest nens. WR INSAGRM 2 G@APRVOKRA. G@\ARNOKRAL Gecko heBaxch Hess—TeGhdd Bogd EnpireSUMMARY OF THE CASE On January 6, 2013, Officer Jaime Coumey of the Polk City Police Department was off- duty and on his way home in his patrol car after finishing his shift. He received a call over dispatch of an armed robbery involving two teenage males so he reported to the area. While en route, Conmey spotted a person climbing a fence in an alleyway who matched the description of one of the individuals provided to him by dispatch: a 16 year old male, African American, white ‘t-shirt and blue jeans. Conmey stopped his car and entered the alleyway. ‘What happened next is in dispute. Conmey claimed he yelled at the boy to get down from the fence but be didn’t listen; Conmey alleged that the suspect reached for an object on his waist ‘that he thought was a gun. Conmey then discharged his firearm to protect himself from the perceived threat. But the boy wasn’t reaching for a gun. He was unarmed. The object on his ‘waist was an iPhone in a bright blue case. After being shot, the suspect, Max Jeffries, fell to the ground. He hasn’t woken up since. He is still in a coma. On his behalf, Max’s parents, Sean and Leigh Jeffries, have filed a lawsuit against the Polk City Police Department alleging that it deprived their son of his right to due process in two ‘ways: (i) through the unreasonable actions of its agent, Officer Conmey, and (fi) by fostering a policy, custom and practice of excessive force that permeated the Department and led to Conmey’s actions on the day in question. ‘Though this is a state case, the legal issue raised is based on Title 42 U.S.C 1983, which has been adopted by Midlands (the fictitious state where our trial takes place) as a state law.AVAILABLE WITNESSES: (see Special Instructions for selection rules and procedures) ‘Witnesses available only to Plaintiff ‘Witnesses available only to Defense Major Sam Sachs, PCPD Officer Cory Drake, PCPD Chris Conmey, sibling of Officer Jaime Conmey Dr. Dana Haskins, MD, Psychiatrist, Polk City ‘Tobi Martinez, Crime Scene Investigator Chief Julian Polson, Police Chief, CPD ‘Tony Smith, Max’s accomplice in the robbery Halva Newberry, former Mayor of Polk City Alex Johnson, Radio Host Jordan Cooper, a homeless resident of Polk City | CASE DOCUMENTS Legal Documents 1. Complaint 5. Acceptance of Guilty Plea 2. Answer 6. Applicable Law and Statutes 3. Stipulations 7. Available Case Law 4. Order on Motions in Limine 8, Jury Instructions and Verdict Form Affidavits and Reports Plaintiff Defense 1. Affidavit of Sam Sachs 6. Affidavit of Tobi Martinez 2. Affidavit of Cory Drake 3, Affidavit of Chris Conmey 4, Expert Report of Dr. Dana Haskins 5, Affidavit of Alex Johnson Exhibi 7. Affidavit of Julian Polson 8, Affidavit of Tony Smith 9. Affidavit of Halva Newberry 10, Affidavit of Jordan Cooper 1. Polk City Police Department Rules of Conduct and Procedure PCPD Crime Scene Report (1/6/13) PCPD Incident Repor filed by Officer Michael Garrett (1/23/12) PCPD Incident Report filed by Officer Michael Garrett (4/26/12) PCPD Incident Report filed by Officer Cory Drake (5/25/12) PCPD Incident Report filed by Officer Loren Ingman (7/13/12) PCPD Incident Report filed by Officer Loren Ingman (11/28/12) Polk City Mayor's Office Special Commission Report (11/30/12)9. Polk City Police Department Statistics: Complaints and Officer Discipline 10, Letter from Mayor of Polk City to Chief Julian Polson (12/6/12) 11, Jaime Conmey’s Vietim Impact Statement 12. E-mail correspondence between Dr. Dana Haskins and Chief Polson (10/19/12 - 12/2/12) 13, Snake in the Grass: Diagnosing and Treating PTSD 14, Diagram of Crime Scene 15, Transcript of Deposition of Jaime Conmey (3/1/13) 16. Curriculum Vitae of Tobi Martinez 17. Criminal Record for Tony Smith (8/13/12) and relevant legal statutes 18. Two photographs of the alley 19. Max Jefiries’ iPhone in a bright bine caseSPECIAL INSTRUCTIONS Witness Availability, Calls, and Gender 1. Witness Availability a. Plaintiff only: The following witnesses are available only to the Plaintiff: Sachs, Drake, Conmey, Haskins, Johnson ‘Defense only: The following witnesses are available only to the Defense: Martinez, Polson, Smith, Newberry, Cooper 2. Captains’ Meeting Procedures a. Witness selections shall be made P-D-P-D-P-D. b. ‘After making witness selections, both teams will show any demonstratives to be used in-round to opposing team captains, including enlargements of the provided case materials. Failure to do so bars use of any undisclosed demonstrative during that trial round. Any disputes as to whether a demonstrative violates the Empire Rules of Procedure must be raised with tournament staff leading captains” meeting ‘or such objections are waived. Objections based on the Rules of Evidence (lack of foundation, unfairly prejudicial, etc.) may still be raised at trial. 3. Gender All available witnesses are gender neutral, ‘The Plaintiff team will determine the gender of the two Plaintiff-side witnesses ‘who will not be testifying. The Plaintiff will also determine the gender of Loren Ingman and Dr. Dana Haskins. The Defense team will select the gender of the ‘two defense-side witnesses who will not be testifying. ‘Case Materials 4, All case documents are the final and only versions of those documents. 5, Haskins must acknowledge authorship of his/her report, In rounds in which Haskins is not called, the corresponding report is not part of the case packet for purposes of that round and may not be referenced by either party for any purpose. 6. Affidavits, a. No affidavit or portion thereof may be admitted into evidence regardless of ‘whether the person who gave the affidavit is called as a witness at trial and regardless of whether the party offering the affidavit can satisfy evidentiary standards for admissibility. This rule, however, does not bar a testifying witness ‘who has read an affidavit from drawing conclusions based on that affidavit, testifying to the contents of that affidavit, or being cross-examined on information or statements contained in that affidavit (subject, as always, to the rules of evidence).'b. Haskins’ report shall be treated as an “affidavit” for purposes of the Midlands Rules of Evidence and Empire Rules of Procedure. ¢. Jaime Conmey’s deposition shall NOT be treated as an “affidavit” for purposes of the Midlands Rules of Evidence and Empire Rules of Procedure Case Law, The WestLaw Next excerpts provided are to be treated as accurate authority and may be referenced in court, where necessary. The “M.S.C.” citations refer to the Midlands Supreme Court, which is the highest court in the state, Rules Governing Trial Procedures 8 10. ML 12, 13. Party Representatives, Pursuant to Midlands Rule of Evidence 615, the Defense may designate Police Chief Julian Polson as its party representative, even if she is not testifying at trial. The Plaintiff may designate Sean or Leigh Jeffries as its party representative; however, s/he may not testify at tral. Application of Thomas v. Davis, No team may amend its pleadings before or during trial or object to testimony of evidence as inrelevant because that team is no longer asserting ‘an argument that it asserted at the pleading stage. 2, This Special Instruction precludes both teams from conceding elements or issues that they have previously contested for the purpose of excluding otherwise relevant evidence. It also preciudes the defense from conceding the affirmative defenses that it raised in its Answer for the purpose of excluding otherwise relevant evidence. b. This Special Instruction does not preclude teams from choosing not to raise certain arguments at trial that they raised in their Complaint or Answer. Closed Universe. The only statutes or judicial decisions that competitors may mention, or judges may rely upon, as the basis for admitting or excluding evidence are ‘those set forth in the “Statutes” or “Applicable Case Law.” No other statutes or decisions, including actual state or federal statutes or U.S. Supreme Court decisions, may be used for purposes of this case. Jury Instructions. The jury instructions are provided to assist students in understanding the law and framing their arguments. The judge will not, however, ‘charge the mock jury with these instructions at the end of trial (i. the judge will not read them out loud to the jury). Photograph of Max Jeffries, Neither team may supply or use a photo purporting to be that of Max Jefiries at any point during the trial, Fifth Amendment, No witness who is called to testify may refuse to answer any questions—and no attorney may instruct a witness not to respond-based on the witness's Fifth Amendment right to avoid self-incrimination.14, 15. 16. 17. Reading of Exhibits & Stipulations, Should a team wish to read aloud for the jury a part of an exhibit or stipulation, any such reading will be considered part of the side's case-in-chief. Accordingly, the time spent reading the exhibit or stipulation will be deducted from that team’s total direct examination time (25 minutes). This Special Instruction addresses only issues of timing, not issues of evidence or admissibility. ‘Teams may also reference or read from an exhibit during the 9 minutes allotted for the team’s closing argument, Alleyway Photographs, The photo picturing the fence is from a vantage point facing north, and the second photo is from a vantage point facing south. No witness or attorney may contend otherwise. However, as with all facts not stipulated to be true, these facts must be established trial. Max Jeffries’ iPhone, At Captains’ Meeting, each plaintiff team will be provided with an iPhone in a bright blue case. a. The phone will be treated as the actual phone collected at the crime scene and as bearing blood spatter on it. No witness or attorney may contend otherwise at trial; however, this instruction is not a stipulation so these facts must be proved at trial. b. This phone may be used as evidence by either side at trial. ©. Atthe conclusion of the trial, both sides must bring the phone to the Tabulation room along with their scoresheets. Governing Law. No objection or argument may be made that 42 M.C, 1983 is preempted by 42 US.C. 1983 and thus is unenforceable. The claims arise under Midlands Code rather than United States Code.Legal Documents and ResearchSUPERIOR COURT FOR THE STATE OF MIDLANDS POLK COUNTY MAX JEFFRIES, a minor, by and through his parents, SEAN and LEIGH JEFFRIES, Case No, 15-CIV-8888 Plaintiff, Judge Frank Ford “ VERIFIED COMPLAINT POLK CITY POLICE DEPARTMENT, a municipal entity of THE STATE OF MIDLANDS, Defendant. Plaintiff MAX JEFFRIES, by and through his parents and next friends SEAN and LEIGH JEFFRIES, states as follows: NATURE OF THE CASE 1. This is a wrongful shooting action brought by Plaintiff Max Jefiries (“lefties”) against Defendant Polk City Police Department (“PCP”) to remedy violations of the due process Clause of the Fourteenth Amendment to the United States Constitution, pursuant to 42 Midlands Code (*M.C.”) § 1983, for the unprovoked shooting of Max Jeffries by Defendant's agent, Officer Jaime Conmey. ‘The unjustified shooting was the direct result of Defendant's Iongstanding policy, practice and custom of permitting its agents to use excessive force when ‘apprehending suspects. PARTIES 2. Plaintiff Jefities is an African-American minor bom on April 27, 1996 and domiciled in Polk City, Midlands. Jefities was adopted by his parents, Sean and Leigh Jeffries, on May 30, 1996. 3. Defendant PCPDis a department, agency, bureau and/or subdivision of the State ofMidlands. Defendant is a “person” for purposes of enforcement of the rights guaranteed under 42 M.C. § 1983 and the Fourteenth Amendment to the U.S. Constitution. JURISDICTION AND VENUE 4, This Court has subject matter jurisdiction because this action is brought under the Midlands Civil Code, 5. This court has personal jurisdiction over Defendant because the central offices of Defendant are within this district and the acts and omissions forming the basis for this Complaint occurred in Midlands, 6. Venue is properly placed in this district because the central offices of Defendant are ‘within this district, the events giving rise to this claim arose in this district, and records relevant to the practices complained of herein are located in this district. 7 In the aggregate, Plaintiff's claims exceed $10,000 exclusive of interests and costs, and therefore this Court has original jurisdiction. FACTUAL BACKGROUND 8. On January 6, 2013, Defendant employed Officer Jaime Conmey, a Caucasian, as a sswom peace officer in Polk City, Midlands. 9. On the evening of January 6, 2013, PCPD Dispatch radioed its officers that two young men wearing white T-shirts and jeans had just robbed Joe's Corner Store near Simons Community Pari. No further descriptive details of the perpetrators were provided. 10, Officer Conmey proceeded immediately to the scene of the robbery and began searching for the perpetrators. He drove his cruiser through the neighborhood and peered into alleys, After a brief search, Officer Conmey stopped his cruiser at an alley between Pets “R” Us and Daniel’s Sports Supply, located at 333 116 Street, Officer Conmey exited the cruiser and proceeded into thealley with his firearm drawn, 11, Officer Conmey’s firearm was a Glock 22 and was issued by Defendant. 12. Upon entering the alleyway, Officer Conmey’s department-issue firearm was loaded, cocked and ready to fire, even though there had been no report that the perpetrators were armed or dangerous. 13, When Officer Conmey entered the alley with his department-issue firearm drawn and ready to fire, he observed an unidentified, African American teen climbing a fence at the end of the alley, 14, The teenager was Plaintiff Jeffries. 15. Plaintiff was approximately 60 feet from where Officer Conmey was standing. 16. Officer Conmey shot Jefities with his department-issued firearm, inflicting serious, life- threatening injuries. 17, Soon after the shooting, Jeffries fell into a coma from which he has not awakened and may never awake. COUNT ONE - WRONGFUL SHOOTING 18. Plaintiff repeats and re-alleges paragraphs 1-17 as if fully set forth herein. 19, The Due Process Clause of the Fourteenth Amendment to the United States Constitution provides that “ino State shall ... deprive any person of life, liberty, or property, without due process of law...” U.S. Const, amend. XIV, § 1. Such violations are actionable pursuant to 42 MC. § 1983. 20. During the events in question on January 6, 2013, Officer Conmey was acting, under color of law, as a duly authorized agent of the PCPD. 21. When Officer Conmey shot Plaintiff Jeffries, Jeffries was unarmed and defenseless, and atno time made any furtive or threatening moves or gestures whatsoever. 22. Ato time during the foregoing wrongful action were Officer Conmey or others in imminent, serious, grave or life-threatening danger, and at no time did the circumstances, including Plaintif?’s actions, appearance and demeanor, give rise to a reasonable perception or fear of imminent, serious, grave or life-threatening danger to Officer Conmey or others. 23, Through his actions, Officer Conmey unjustifiably subjected Jeffries to deadly force, MIDLANDS } ves = Dakota Arensman Boe 2 wm nousonar ‘Notary Public in and for the State of Midjand:11 2 13 15 16 v7 19 20 2 2 23 24 Affidavit of Cory Drake My name is Cory Drake and I'm 38 years old. Ihave been a police officer for the past six years. Before that, I worked as a school counselor, I also spent some time as a bouncer at the ‘West End bar. I've always enjoyed helping young people, especially those that have been neglected and robbed of a fair shake in life. It is truly awful how our nation’s youth have been ‘ignored and mistreated over the last few decades. As much as I tried to help those kids in need, I found that by the time they were in high school, it was too late for me to make a difference in their lives. Those that had run-ins with the law would often tell me how the cops had mistreated them or had assumed they were doing something they weren’t just because they were young and ‘on the streets or just because of the color of their skin. That’s when I realized that the best way for me to help today’s youth was on the side of the law, not education, Since it was too late to become a lawyer or a politician, I decided to become a police officer. That way, I could stop injustice before it starts. Being a cop would allow me to help kids before they are even put into the system, ‘After I passed the police academy exam, I joined the PCPD and was put on the night beat. That made me happy since odds were good that I would come into contact with kids on that shift. I really enjoyed the work. And to top it off, I really liked my partner, Jaime Conmey—at least at first. Jaime was really conscientious, a “cop’s cop” who cared about his partner and also cared about the community. Jaime wanted to help the kids on our beat just as I did. We'd joke around with them, shoot some hoops when we saw them at the neighborhood park, that sort of thing, Don't get me wrong—we didn’t hesitate to arrest a gang member or thief when it was ‘called for, and we'd use as much force as we needed to subdue them. But when we could, we both mainly tried to help the kids find a better way. We were a solid team for the first fow years, but then Jaime started to change. Jaime was never the same after he was wounded on the job one night. After that, Jaime would always jump 12s 26 7 28 29 30 31 32 34 35 36 37 8 aL a2 46 a7 49 tocuff and arrest. Jaime assumed everyone that looked suspicious was guilty. Jaime didn’t joke around with the kids any more, and he'd scowl at them when we saw them on the basketball court or lounging near the convenience store. The worst thing I ever saw Jaime do was beat a perp so bad that he went into a coma. On Friday, May 25, 2012, the two of us caught a guy stealing a TV from a Jocal store. The two of us ‘were sneaking up behind him, when all of a sudden Jaime just went berserk. Jaime started ‘punching the guy nonstop. Jaime was yelling, “You dirty thief, you're not worth risking my life ‘over:” It was s0 eerie, Jaime just seemed to explode and wouldn’t stop. I tried to grab Jaime, but when I did, Jaime just pushed me to the floor. Before I knew it, the kid was out like a light, It ‘was awful. It was then that Iknew that Jaime had a problem. It was obvious that Jaime needed help, If Jaime didn’t deal with his stress, it would only get worse and worse. I learned that when I was a school counselor, So I told Chief Polson about it in the hopes that the Chief would make Jaime see a therapist. Jaime would never do it without. being told, since Jaime was kind of a traditional cop. To make it happen, Thad to tell the Chief ‘what Jaime did to the perp who took the TV. I knew it wouldn’t be a big deal in terms of getting Jaime in trouble since Jaime hadn’t had any hits on his record yet. had two negative reports on file at the time, but they didn’t mean much, I was never suspended or brought up for a conduct review for them. Of course Jaime tried to blame me for what happened to that guy but I think the Chief knew he was lying because there was no report put into my file, I was surprised that the incident wasn't at least investigated because the guy was beat up pretty bad. After the incident, the Chief said to me, “We're going to just pretend like this didn’t happen, But listen to me, this Department doesn’t tolerate officers abusing their power and using excessive force. It won’t happen under my watch!” Unfortunately, I don’t know if reporting Jaime helped because Jaime got two more ‘complaints soon after that. According to written protocol, Jaime should've been suspended after 2st 52 53 55 56 7 58 61 62 67 70 a n B 74 the third complaint. But it didn’t happen and I wasn’t all that surprised. No one ever gets more than a slap on the wrist or a stern talking to from the Chief for doing something really outrageous. ‘There might be an investigation if a perp comes in beat up like the guy Jaime pounded on; but we all know where that's headed. Nowhere. Though I do remember a few times over the years— maybe five or so—where Officer Polson posted on a bulletin board in the precinct that officers ‘were suspended for using excessive force. The sign said something like “Play by the rules or don't play at all—let’s clean up the streets the RIGHT way.” Most of us in the precinet just laughed cause we knew it wasn't serious, 1 will say though the Chief is a great guy to work for. He just understands that we're all under a lot of stress and it's better to have us on the streets than off the streets. The Chief has created 2 culture of understanding and support in the department, and that’s important. Itreally helps morale and builds bonds between us, ya know? T was one of the officers who responded to the Jefities shooting when Jaime radioed it in. was off duty, but we're all expected to respond to emergency situations—and any time a cop discharges his firearm, it’s an emergency situation. Plus, I thought Jaime could use some help. I ‘was the very next officer on the scene after Jaime. I had heard the intial report of the robbery over the radio from dispatch, and I figured an on-duty officer would get there first. But I guess Jaime decided to take it because he was nearby, even though he was off duty, too. Jaime and I still worked the same shift as each other. ‘When I arrived at the scene, I found Jaime pretty shaken up. When he saw me, he started yelling for me to leave, He screamed at me: “Oh great, it had to be you, didn’t it. Just what I need, another report from you.” I thought about leaving him there, but I had a responsibility to the Jeffties boy (and to the department), The victim was in bad shape. He was lying near a fence at ‘one end of the alley, and he was barely breathing. Looked like he was shot in his right side. There ‘was a neon blue object lying on the ground near the victim. I couldn't tell what it was at first— 3acs 76 7 78 85, 86 a7 a1 92 93 a 7 ‘when I was a standing at the entrance of the alley—so I walked over and saw that it was an iPhone in a bright blue case. I also noticed a clip on the victim’s belt that looked like it fit the cellphone. And the phone was cracked and badly scuffed up, presumably from when it hit the ground. Jaime was muttering in the comer, something about a “gun.” When I asked him aboutit, he said, “I know the kid had a gun. I’m sure of it. He was turning toward me with it so I had to shoot him.” Unfortunately, I didn’t see a gun—but I didn’t look very hard because the victim was immobilized and I didn’t want to disturb the scene before the CSI crew arrived. I couldn't do anything for the victim, so [left him alone, walked Jaime back to his car, and advised Jaime to wait there until the paramedics and other officers arrived. As I closed the door to his cruiser, he looked up at me and asked: “Who am I, Cory?” [told him he was a good cop in a bad situation (he just didn’t know how bad it really was). Then the paramedics and Officer Martinez arrived, and so I tuned the scene over to them. I don’t know how hard they searched for a gun since their primary focus was on the victim. But I do know Jaime was convinced the kid had a gun, ‘What happened with the Jefities kid is really a tragedy, not just for him, but for Jaime, Cops have to make split-second decisions, and until a few months before the Jefities shooting, Jaime had been among the best. The stress of being shot can mess with your mind, though. I can't help but think I should have taken a more hands-on approach with Jaime, been there for him somehow. But after I told Chief Polson that Jaime needed help, Jaime refused to talk to me and requested that we not be partners anymore. Despite my attempts to reach out, we hadn’t spoken since then. Jaime wasn’t bad person. He was just stressed out and needed support. ‘When he took his own life, it really tore me up. Of the available exhibits, I am familiar with the following and only the following: Exhibit 1 (PCPD Rules of Conduct and Procedure); Exhibit 4 (the incident report I filed against